[Federal Register Volume 88, Number 139 (Friday, July 21, 2023)]
[Rules and Regulations]
[Pages 47055-47057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15414]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 230331-0089; RTID 0648-XD129]


Pacific Halibut Fisheries of the West Coast; Catch Sharing Plan; 
Inseason Action

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; inseason adjustment; request for comments.

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SUMMARY: NMFS announces inseason actions for certain subareas in the 
Pacific halibut recreational fishery in the International Pacific 
Halibut Commission's regulatory Area 2A off Washington, Oregon, and 
California. Specifically, this action adds the following fishing dates: 
the Washington Puget Sound subarea to open 7 days per week from August 
17 through September 30; the Washington North Coast subarea to open 7 
days per week from August 17 through September 30; the Columbia River 
and Washington South Coast subareas to open August 26 and 27, September 
8, 9, and 22; and Oregon Central Coast subarea to open 7 days per week 
from August 3 through October 31. This action is intended to conserve 
Pacific halibut and provide angler opportunity where available.

DATES: 
    Effective date: July 19, 2023, through October 31, 2023.
    Comment Date: Comments due on or before August 7, 2023.

ADDRESSES: Submit your comments, identified by NOAA-NMFS-2023-0128, by 
either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2023-0128 in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
     Mail: Submit written comments to Jennifer Quan, Regional 
Administrator, c/o Katie Davis, West Coast Region, NMFS, 501 W Ocean 
Blvd., Long Beach, CA 90802.
    Instructions: NMFS may not consider comments if they are sent by 
any other method, to any other address or individual, or received after 
the comment period ends. All comments received are a part of the public 
record and NMFS will post them for public viewing on https://www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender is publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Docket: This rule is accessible via the internet at the Office of 
the Federal Register website at https://www.federalregister.gov/. 
Background information and documents are available at the NOAA 
Fisheries website at https://www.fisheries.noaa.gov/action/2023-pacific-halibut-recreational-fishery and at the Council's website at 
https://www.pcouncil.org. Other comments received may be accessed 
through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Katie Davis, 323-372-2126, 
[email protected].

SUPPLEMENTARY INFORMATION: On April 11, 2023, NMFS published a final 
rule approving changes to the Pacific halibut Area 2A Catch Sharing 
Plan and implementing recreational (sport) management measures for the 
2023 Area 2A recreational fisheries (88 FR 21503), as authorized by the 
Northern Pacific Halibut Act of 1982 (16 U.S.C. 773-773(k)). The 
Pacific Fishery Management Council (Council) 2023 Catch Sharing Plan 
provides a recommended framework for NMFS' annual management measures 
and subarea allocations based on the 2023 Area 2A Pacific halibut catch 
limit of 1,520,000 pounds (lb) (689 metric tons (mt)) set by the 
International Pacific Halibut Commission (IPHC). The Area 2A catch 
limit and recreational fishery allocations were adopted by the IPHC and 
were published in the Federal Register on March 7, 2023 (88 FR 14066) 
after acceptance by the Secretary of State, with concurrence from the 
Secretary of Commerce, in accordance with 50 CFR 300.62. The Area 2A 
Pacific halibut management measures include recreational fishery season 
dates, bag limits, and subarea allocations.
    Federal regulations at 50 CFR 300.63(c)(6), ``Inseason Management 
for Recreational (Sport) Halibut Fisheries in Area 2A.,'' allow the 
NMFS Regional Administrator to modify annual regulations during the 
season. These inseason provisions allow the Regional Administrator to 
modify recreational (sport) fishing periods, bag limits, size limits, 
days per calendar week, and subarea allocations, if it is determined it 
is necessary to meet the allocation objectives and the action will not 
result in exceeding the catch limit.
    NMFS has determined that, due to lower than expected landings in 
the Washington Puget Sound, North Coast, and South Coast subareas; the 
Columbia River subarea; and the Oregon Central Coast subarea; inseason 
action to modify the 2023 annual regulations for the recreational 
fishery is warranted at this time to provide additional opportunity for 
fishery participants to achieve the Area 2A subarea allocations. As 
stated above, inseason modification of fishing season dates is 
authorized by Federal regulations at 50 CFR 300.63(c)(6). After 
consulting with the IPHC, the Council, the Washington Department of 
Fish and Wildlife (WDFW), and the Oregon Department of Fish and 
Wildlife (ODFW), NMFS determined the following inseason actions are 
necessary to meet the management objective of attaining subarea 
allocations, will not result in exceeding any subarea allocations, and 
are consistent with the inseason management provisions allowing for the 
modification of recreational fishing periods and recreational fishing 
days per calendar week. Notice of these additional dates and increased 
bag limits will also be announced on the NMFS hotline at 206-526-6667 
or 800-662-9825.
    Weekly catch monitoring reports for the recreational fisheries in 
Washington, Oregon, and California are available on their respective 
state Fish and Wildlife agency websites. NMFS and the IPHC will 
continue to monitor recreational catch obtained via state sampling

[[Page 47056]]

procedures until NMFS has determined there is not sufficient allocation 
for another full day of fishing, and the area is closed by the IPHC, or 
the season closes on September 30 in Washington and the Columbia River 
subarea or October 31 in Oregon, whichever is earlier.

Inseason Action

Washington Puget Sound, North Coast, and South Coast Subareas

    Description of the action: This inseason action implements 
additional fishing dates for the Washington Puget Sound, North Coast, 
and South Coast subareas during the 2023 recreational fishery. The 
Puget Sound subarea will open 7 days per week beginning on August 16 
and will close when the subarea allocation is projected to be attained, 
or on September 30, whichever comes first. The North Coast subarea will 
open 7 days per week beginning on August 16 and close when the subarea 
allocation is projected to be attained, or on September 30, whichever 
comes first. The South Coast subarea will open on August 26 and 27, and 
September 8, 9, and 22, or until there is not sufficient allocation for 
another full day of fishing and the area is therefore closed.
    Reason for the action: The purpose of this inseason action is to 
provide additional opportunity for anglers in the Washington Puget 
Sound, North Coast, and South Coast subareas to achieve the subarea 
allocations. NMFS has determined that these additional dates are 
warranted due to lower than expected landings through June 18, and the 
expectation that a substantial amount of the Washington allocation will 
go unharvested without additional fishing dates.
    The Washington Puget Sound subarea will open 7 days per week 
beginning August 16 and will remain open until September 30 or the 
allocation is projected to be attained and the area is therefore 
closed. The recreational fishery in this subarea opened on April 6, 
2023. As of June 18, anglers in the Puget Sound subarea have harvested 
34,606 lb (15.70 mt) of the 79,031 lb (35.85 mt) allocation (44 
percent), leaving 44,425 lb (20.15 mt) remaining (66 percent of the 
subarea allocation).
    The Washington North Coast subarea will open 7 days per week 
beginning August 16 and will remain open until September 30 or the 
allocation is projected to be attained and the area is therefore 
closed. The recreational fishery in this subarea opened on May 4, 2023. 
As of June 18, anglers in the North Coast subarea have harvested 54,702 
lb (24.81 mt) of the 129,668 lb (58.82 mt) allocation (42 percent), 
leaving 74,966 lb (34.00 mt) remaining (68 percent of the subarea 
allocation).
    The Washington South Coast subarea will open August 26 and 27, and 
September 8, 9, and 22 or the allocation is projected to be attained 
and the area is therefore closed. The recreational fishery in this 
subarea opened on May 4, 2023. As of June 18, anglers in the South 
Coast subarea have harvested 43,159 lb (19.58 mt) of the 64,376 lb 
(29.20 mt) allocation (67 percent), leaving 21,217 lb (9.62 mt) 
remaining (33 percent of the subarea allocation).
    After consulting with WDFW, it was determined that in order for 
anglers to have the opportunity to achieve the Washington subarea 
allocations, with little risk of the subareas or coastwide allocation 
being exceeded, additional fishing dates are warranted. Therefore, 
through this action, NMFS is announcing fishing dates in August and 
September that were not previously implemented in the final rule on 
April 11, 2023 (88 FR 21503) or through inseason action implemented on 
June 2, 2023 (88 FR 36973).
    Specifically, the additional season dates for the Puget Sound 
subarea are August 16 through September 30 or until there is not 
sufficient allocation for another full day of fishing and the area is 
therefore closed. The additional dates for the North Coast subarea as 
August 16 through September 30 or until there is not sufficient 
allocation for another full day of fishing and the area is therefore 
closed. The additional dates for the South Coast subarea are August 26 
and 27, and September 8, 9, and 22, or until there is not sufficient 
allocation for another full day of fishing and the area is therefore 
closed.
    Notice of these additional dates will also be announced on the NMFS 
hotline at 206-526-6667 or 800-662-9825.

Columbia River Subarea

    Description of the action: This inseason action implements 
additional fishing dates for the Columbia River subarea during the 2023 
recreational fishery, opening the fishery on August 26 and 27, and 
September 8, 9, and 22. The subarea may close sooner if there is 
projected to be insufficient allocation for another full day of fishing 
and the subarea is therefore closed.
    Reason for the action: The purpose of this inseason action is to 
provide additional opportunity for anglers in the Columbia River 
subarea to achieve the subarea allocation. NMFS has determined that 
these additional dates are warranted due to lower than expected 
landings through June 18, and the expectation that a substantial amount 
of the Columbia River subarea allocation will go unharvested without 
additional fishing dates. The recreational fishery in this subarea 
opened on May 4, 2023. As of June 18, anglers in the Columbia River 
subarea have harvested 12,213 lb (5.54 mt) of the 18,875 lb (8.56 mt) 
allocation (65 percent), leaving 6,661 lb (3.02 mt) remaining (35 
percent of the subarea allocation).
    After consulting with WDFW and ODFW, it was determined that in 
order for anglers to have the opportunity to achieve the Columbia River 
subarea allocation, with little risk of the subarea or coastwide 
allocation being exceeded, additional fishing dates are warranted. 
Therefore, through this action, NMFS is announcing fishing dates in 
August and September that were not previously implemented in the final 
rule on April 11, 2023 (88 FR 21503, April 11, 2023) or through 
inseason action implemented on June 2, 2023 (88 FR 36973).
    Specifically, the additional season dates for the Columbia River 
subarea are August 26 and 27, and September 8, 9, and 22. The subarea 
may close sooner if there is projected to be insufficient allocation 
for another full day of fishing and the subarea is therefore closed.
    Notice of these additional dates will also be announced on the NMFS 
hotline at 206-526-6667 or 800-662-9825.

Oregon Central Coast Subarea

    Description of the action: This inseason action implements 
additional fishing dates for the Oregon Central Coast subarea during 
the 2023 recreational fishery, opening the fishery 7 days per week 
beginning on August 3 and closing when the entire Oregon Central Coast 
allocation (including the nearshore allocation) is projected to be 
reached, or on October 31, whichever comes first.
    Reason for the action: The purpose of this inseason action is to 
provide additional opportunity for anglers in the Oregon Central Coast 
subarea to achieve the subarea allocation. NMFS has determined that 
additional fishing days are warranted due to lower than expected 
landings through June 18, 2023, and the expectation that a substantial 
amount of the Oregon combined allocation will go unharvested without 
additional fishing days. The recreational fishery in this subarea 
opened on May 1, 2023. As of June 18, anglers in the Oregon Central 
Coast subarea have harvested 98,342 lb (44.61 mt) of the 275,214 lb 
(124.84 mt) allocation (36 percent), leaving 176,872 lb (80.23 mt) 
remaining (64 percent of the overall subarea allocation).

[[Page 47057]]

    After consulting with ODFW, it was determined that in order for 
anglers to have the opportunity to achieve the overall Central Coast 
subarea allocation, with little risk of the subarea or coastwide 
allocation being exceeded, additional fishing dates are warranted. 
Therefore, through this action, NMFS is announcing fishing dates in 
August, September, and October that were not previously implemented in 
the final rule on April 11, 2023 (88 FR 21503) or through inseason 
action implemented on June 2, 2023 (88 FR 36973).
    Notice of these additional fishing dates will also be announced on 
the NMFS hotline at 206-526-6667 or 800-662-9825.

Classification

    NMFS issues this action pursuant to the Northern Pacific Halibut 
Act of 1982. This action is taken under the regulatory authority at 50 
CFR 300.63(c)(6), and is exempt from review under Executive Order 
12866.
    Pursuant to 5 U.S.C. 553(b)(3)(B), there is good cause to waive 
prior notice and an opportunity for public comment on this action, as 
notice and comment would be impracticable and contrary to the public 
interest. WDFW and ODFW provided updated landings data to NMFS on June 
23, 2023, showing that through June 18, fishery participants in the 
recreational fishery off of Washington had caught only 44 percent of 
the Puget Sound subarea allocation, 42 percent of the North Coast 
subarea allocation, and 67 percent of the South Coast subarea 
allocation; fishery participants in the Columbia River subarea had 
caught only 65 percent of the subarea allocation; and fishery 
participants in the recreational fishery off of Oregon had caught only 
36 percent of Central Coast subarea allocation. NMFS uses fishing rates 
from previous years to determine the number of recreational fishing 
dates needed to attain subarea allocations. Given the lower than 
expected catch rates in the Washington Puget Sound, North Coast, and 
South Coast subareas; the Columbia River subarea; and the Oregon 
Central Coast subarea, additional dates are considered necessary to 
increase angler opportunity to reach the overall Washington and Oregon 
subarea allocations. This action should be implemented as soon as 
possible to allow fishery participants to take advantage of the 
additional season dates. As the fisheries close on September 30, 2023 
in Washington and the Columbia River subareas and on October 31, 2023 
in Oregon, implementing this action through proposed and final 
rulemaking would limit the benefit this action would provide to fishery 
participants. Without implementation of additional season dates in the 
Washington Puget Sound, North Coast, and South Coast subareas, the 
Columbia River subarea, and the Oregon Central Coast, the overall 
Washington and Oregon allocations are unlikely to be harvested, 
limiting economic benefits to the participants and not meeting the 
goals of the Catch Sharing Plan. It is necessary that this rulemaking 
be implemented in a timely manner so that planning for additional 
season dates can take place, and for business and personal decision 
making by the regulated public impacted by this action, which includes 
recreational charter fishing operations, associated port businesses, 
and private anglers who do not live near the coastal access points for 
this fishery, among others. To ensure the regulated public is fully 
aware of this action, notice of this regulatory action will also be 
provided to anglers through a telephone hotline, news release, and by 
the relevant state fish and wildlife agencies. NMFS will receive public 
comments for 15 days after publication of this action, in accordance 
with 50 CFR 300.63(c)(6)(iv). No aspect of this action is 
controversial, and changes of this nature were anticipated in the 
process described in regulations at 50 CFR 300.63(c).
    For the reasons discussed above, there is also good cause under 5 
U.S.C. 553(d)(3) to waive the 30-day delay in effective date and make 
this action effective immediately upon filing for public inspection, as 
a delay in effectiveness of this action would constrain fishing 
opportunity and be inconsistent with the goals of the Catch Sharing 
Plan, as well as potentially limit the economic opportunity intended by 
this rule to the associated fishing communities. This inseason action 
is not expected to result in exceeding the allocation for these 
subareas. NMFS regulations allow the Regional Administrator to modify 
sport fishing periods, bag limits, size limits, days per calendar week, 
and subarea allocations, provided that the action allows allocation 
objectives to be met and will not result in exceeding the catch limit 
for the subarea. NMFS recently received information on the progress of 
landings in the recreational fisheries in Washington and Oregon 
subareas, indicating additional season dates for Washington and Oregon 
should be implemented in the fishery to ensure optimal harvest of the 
subarea allocations. As stated above, it is in the public interest that 
this action is not delayed, because a delay in the effectiveness of 
these new dates would not allow the allocation objectives of the 
recreational Pacific halibut fishery to be met.

    Authority:  16 U.S.C. 773-773k.

    Dated: July 17, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-15414 Filed 7-19-23; 4:15 pm]
BILLING CODE 3510-22-P